Article 27. Grounds for suspension of state registration of rights to immovable property The Law on State Registration of Rights to Immovable Property

Home / RLA / Article 27. Grounds for suspension of state registration of rights to immovable property The Law on State Registration of Rights to Immovable Property

1. The state registration of rights to immovable property is suspended in the following cases::

1) by court order (definition) on the basis of claims and other statements (complaints) filed with the court;

2) in accordance with acts of prosecutorial supervision until the elimination of violations of the law;

2-1) in accordance with the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction";

3) for the applicant to submit the documents required for state registration in accordance with Article 21 of this Law, if the absence of the necessary documents was not the basis for refusal to accept documents for registration.;

4) to obtain explanations or to demand from state bodies the necessary information in connection with its absence in the documents coming from such bodies, or the presence of contradictions in such documents, if the specified circumstances were not grounds for refusal to accept documents for registration.;

5) in case of discrepancy between the object of registration established on the basis of the title documents and the object of registration specified in the application, in order to eliminate the contradiction between them.

6) in case of incomplete payment for the state registration of rights to immovable property;

7) if, within three working days from the date of receipt of the electronic copy of the title document, the information system of the legal cadastre has not received confirmation of payment for the state registration of rights to immovable property or of the release of the person from payment.

1-1. Electronic registration shall not be suspended on the grounds specified in subitems 3) and 5) of paragraph 1 of this Article.

2. The decision to suspend state registration may be taken by the registering authority from the moment of receipt of documents for state registration until the moment of issuance of the document, but not later than the expiration of the state registration period.

3. Unless otherwise established by this Law or a judicial act on the suspension of registration, registration shall be suspended until the circumstances that were the basis for the suspension of registration are eliminated, but not for more than one month. If the circumstances that were the basis for the suspension of registration are not eliminated within one month, the state registration must be refused.

Information about the suspension of registration is entered in the register of documents submitted for registration.

4. Upon suspension of state registration, the registering authority, within the limits of its competence, has the right from the applicant (authorized representative of the applicant), other individuals or legal entities, including government agencies, to request information, clarifications and documents, if necessary for making a decision.

5. In case of suspension of registration, the registration authority must send a written notification to the applicant (the authorized representative of the applicant) indicating the reasons and terms of suspension, the date and registration number of the document. The notification should indicate the applicant's subsequent actions to eliminate the reasons for the suspension of registration and the time required for this.

In the case of electronic registration, the specified notification, certified by means of an electronic digital signature of the registering authority, is sent to the unified notarial information system, as well as, if available, to the e–mail addresses of the participants in the transaction.

When calculating a non-cash real estate transaction made in simple written form, the registration authority sends the specified notification to the second-tier bank or the National Postal Operator in which a bank account is opened to secure the transaction.

A copy of the written notification of the suspension of registration and a paper copy of the electronic notification must be kept in the registration file.

6. Upon suspension of registration, the application may be withdrawn by the applicant (the authorized representative of the applicant) at any time. The priority of the withdrawn application is lost.

The Law of the Republic of Kazakhstan dated July 26, 2007 No. 310.

This Law defines the goals, objectives and legal framework in the field of state registration of rights to immovable property.

President

Republic of Kazakhstan

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